Night Exchange Terms of Service
Please read this Agreement carefully. *
1. User’s Acknowledgment and Acceptance of Terms *
First Media Group, Inc (“Us” “We”, “Night Exchange) provides the Night Exchange mobile App, Night Exchange IVR System and related website www.Night Exchange.com site. By using Quest, its Ap or website (“Night Exchange”), you, the user, accept the Terms of Service including all amendments made from time to time , as well as any other written agreement between us including any posted rules or guidelines (collectively “the Agreement”). If you do not wish to be bound by the Agreement please do not use Night Exchange.
2. Who May use Night Exchange *
YOU MUST BE AT LEAST 18 YEARS OLD TO USE Night Exchange. By using Night Exchange you expressly represent and warrant that you are 18 years or older. You further represent and warrant that you are not a convicted sex offender and you represent and warrant that you required to register as a sex offender with any government entity.
3. License to Use Night Exchange *
We grant to you a limited, non-exclusive license to access and use Night Exchange for your own personal, non-commercial purpose. You may not reproduce, redistribute, sell, create, reverse engineer or disassemble any of the Night Exchange products or services.
You may not assign or sublicense this Agreement to any individual or company.
You grant Night Exchange and its partners, and affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty free license to copy, transmit distribute and display and make derivative works from your content. This licesne includes your waiver of any ‘moral-rights’ in your content. You permit and grant Night Exchange members permission to view your content. Where you make suggestions to Night Exchange, features, or services, or any improvements whatsoever, you do so without the right to compensation and you permit Night Exchange to adopt said features, services, improvements or suggestions.
4. Registration through Facebook
In order to access Night Exchange you have the option to register an account using your Facebook account login. You are authorize and provide Night Exchange the authority and ability to access information stored on your Facebook account. This includes information on your Facebook friends that you might share in common with other users of this Service. By granting Night Exchange access to your Facebook account, you expressly acknowledge and agree that the Night Exchange may obtain and share the following
1. Your Facebook profile name and profile picture; and
2. Your friend’s Facebook profile names and pictures who are common Friends on Facebook with other Night Exchange users in your network..
5. Description and Modification of Services *
We make various services available on this site including, but not limited to interactive voice response, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
6. Privacy *
7. Customer Data and Privacy *
8. Third Party Sites and Information *
You agree that Night Exchange is not responsible for content, information or material found on third-party sites that you maybe linked to through Night Exchange. You agree we are not responsible for content, accuracy, legality, decency or intellectual property compliance, nor are these sites under Night Exchange’s control. A link from Night Exchange is not and endorsement, or warranty of any kind of the site or its content.
You agree to keep your password and membership information confidential and agree to keep your account private. You are responsible for all content posted and all usage of your membership account by third-parties.
You may not use your account to obtain unauthorized access to another members account, to access a another network or server. You shall not interfere with anyone else’s use and enjoyment of Night Exchange or other similar services.
10. Code of Conduct *
You agree that Users who violate systems or network security may incur criminal or civil liability and be removed from the site and/or reported to relevant authorities. You agree to use the Service in accordance with the following code of conduct:
a. Use of Night Exchange and your communications on Night Exchange are subject to all applicable laws and you are solely responsible for your communications through Night Exchange;
b. You will not use Night Exchange to engage in harassing, threating, abusive, racist, obscene, defamatory, libelous, fraudulent behavior, nor post communications that are harassing, racist, obscene, threatening, abusive, defamatory, libelous or fraudulent;
c. You will not use the Service to promote any solicitation for funds, business, advertising, or solicitation for goods or services;
d. You will not post any communications that violates, plagiarizes or infringes upon the rights of any third party, including, copyright, trademark, patent, trade secret, right of publicity, privacy, personal, proprietary rights, or otherwise violates any law;
e. You will not post any communications which may victimize, degrade, or otherwise harass anyone group or individual on the basis of race, religion, sexual orientation, gender, ethnicity, age, or disability or otherwise discriminates by reason of an association to any group;
f. You shall not use Night Exchange in any manner which may cause the distribution of a unauthorized spam, or solicitation, lottery schemes, virus, or malicious software that could cause harm to Night Exchange, its systems, or other members.
g. You shall not interfere with other members use of Night Exchange, or attempt to gain access to other members accounts,
11. Monitoring *
You agree that Night Exchange has the right but not the obligation to monitor all Customer Data, messages and public postings. Where, in our sole discretion, customer data, messages and public postings violate this agreement, or any applicable law, or may negatively affect the goodwill of Night Exchange, this content may be deleted and/or reported to the relevant authorities.
12. Disclosure to Law Enforcment
You agree that Night Exchange may disclose any Customer Data in order to cooperate with relevant law enforcement authorities without further consent or notification to you, upon a lawful request from a law Enforcment Agency. You agree that Night Exchange has the right to cooperate with relevant law enforcement authorities for any systems or network security at other sites, for any violations of the law including of abusive conduct, fraudulent conduct or otherwise illegal activity or in the investigation of suspected criminal violations.
13. Term and Termination*
You agree we may at any time, and at our sole discretion, without prior notice to you, terminate suspend, disable or delete your account including any part therefor, where it is determined by FMG that you have violated any provision of this Agreement, where your conduct violates the code of conduct, is abusive, fraudulent or illegal or where your content may violate the Night Exchange’s reputation or goodwill.
Where your account is terminated, any license to use Night Exchange will likewise terminate. Night Exchange reserves the right to keep or delete the content of your account and shall not be responsible for the loss of the content.
14. Intellectual Property Information and Copyright*
Night Exchange contains information and content proprietary to us, and/or our partners, or affiliates and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify copy or distribute any content without having first received the express permission of Night Exchange.
You agree to notify Night Exchange of any copyright, trademark or propertary right infringement by a posting on this site, by contacting help@Night Exchange.com
You agree that upon receipt of a notice of a claim of copyright infringement, Night Exchange may investigate, andor/ immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and that Night Exchange may refer the complaint to the relevant Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
15. Disclaimer of Warranties *
Night Exchange and related services, content and material are provided on an ‘AS IS’ basis. Night Exchange does not provide any warranty of any kind, express or implied, including, but not limited to warranties of quality, merchantability, or fitness for a particular purpose, or for the warranty of non-infringement. Night Exchange does not warrant that the service or material will be accurate, delay free, or reliable. There may be service interruption. Use of Night Exchange is at your own risk. Night Exchange does not warrant that products, services, content or information purchase, obtained from Night Exchange or its affiliates or partners will be free of errors, defects or mistakes or meet your expectations.
You agree that Night Exchange may change services, content, including prices without any notice to you. Night Exchange is not responsible for damage or injury to you or your computer system, phone system as a result of use of Night Exchange.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. You agree that any transaction executed through Night Exchange or in connection to Night Exchange are conducted at your own risk. There is no warranty for any of the products or services, material or information accessed or purchased through Night Exchange or its partners, or its affiliates.
Exclusion of warranties may not apply in jurisdictions which do not allow exclusion of certain warranties.
16. Limitation of Liability*
Night Exchange is not responsible for screening its members, or ensuring you do not incur damages as a result of other members content, conduct, or actions and disclaims all liability that may be associate with your use of Night Exchange, its products, services or that of our partners or affiliates.
17. Indemnification *
Upon a request by us, you agree to defend, indemnify, and hold Night Exchange, First Media Group, its officers, directors, employees, agents, and our Partners, and Affiliates harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of Night Exchange including any misrepresentation of your ability to use the service or your age, and as a result of any complaints made by other parties against you. You agree to cooperate fully as reasonably required in the defense of any claim and in asserting any defenses available. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
18. Spam and User Content *
Night Exchange may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “SPAM”) and/or other types of electronic communications that we deem inconsistent with our business purposes. Night Exchange shall not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Night Exchange accounts may have a limited storage capacity. Night Exchange may delete or block communications or content that exceed the limit. We will not be responsible for such deleted or blocked account content.
19. Termination of Use *
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
20. Governing Law *
You agree and that this Agreement and the use of Night Exchange and the purchase of any products and services is governed by the laws of the Province of Ontario, Canada. Any disputes arising from the use of Night Exchange, products or services or this Agreement shall be subject exclusively to the courts of the Province of Ontario, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods.
Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of Ontario with respect to such matters.
21. International Use *
Night Exchange may be accessible worldwide, but there are we NO REPRESENTATIONS OR WARRANTIES that materials on this site are appropriate or available for use in jurisdictions outside North America. Furthermore accessing Night Exchange from jurisdictions where the content is illegal is absolutely prohibited.
Where you choose to access or use Night Exchange from other jurisdictions, you agree that you do so on their own initiative and are responsible for compliance with local laws. Any product, service, and/or content made in connection with Night Exchange or offer for product, service or content is void where prohibited.
22. Notices *
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at help@Night Exchange.com. Notices to you may be sent to the address supplied by you as part of your membership account. Night Exchange may broadcast notices or messages through the service to inform you of changes to Night Exchange, its services, content, terms, and such broadcasts shall constitute notice to you at the time of sending. Night Exchange may update this Agreement and that further shall constitute notice at the time of the update.
23. Assignment *
You may not assign this Agreement or any of your rights to use Night Exchange to anyone. Night Exchange may assign any or all of its rights and uties under this Agreement or related to Night Exchange to any third party, and where assumed by a third party, Night Exchange shall be relived of any and all liability under this Agreement.
24. Entire Agreement*
These terms and conditions constitute the entire agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, the term shall be severed from the agreement with the remaining portion of the Agreement remaining in full force and effect.
25. Contact Information*
Last updated: Feb 15, 2017